42 & 43 Vict. c. 49. FIEST COLUMN. Young Persons consenting and 7. Aiding, abetting, counselling, or procuring the commission of simple larceny, or of an offence declared by any act for the time being in force to be punishable as simple larceny, or of larceny or stealing from the person, or of larceny as a clerk or servant. SECOND COLUMN. Adults consenting. 7. Aiding, abetting, counselling, or procuring the commission of simple larceny, or of an offence declared by any act for the time being in force to be punishable as simple larceny, or of larceny or stealing from the person, or of larceny as a clerk or servant, where the value of the whole of the property which is the subject of the alleged offence does not in the opinion of the court before whom the charge is brought exceed forty shillings. 8. Attempt to commit simple 8. Attempt to commit simple larceny, larceny, or an offence declared or an offence declared by any act for the by any act for the time being time being in force to be punishable as in force to be punishable as simple larceny, or to commit larceny simple larceny, or to commit from or steal from the person, or to larceny from or steal from the commit larceny as a clerk or servant. person, or to commit larceny as a clerk or servant. This act shall apply to any of the following offences when alleged to have been committed by a young person in like manner as if such offence were included in the first column of the schedule; that is to say, (1.) To any offence in relation to railways and railway carriages mentioned in sections thirty-two and thirty-three of the act of the session of the twenty-fourth and twenty-fifth years of the reign of her present Majesty, chapter one hundred, intituled "An Act to consolidate and amend the statute law of England and Ireland relating to offences against the person"; and (2.) To any offence relating to railways mentioned in section thirtyfive of the act of the session of the twenty-fourth and twentyfifth years of the reign of her present Majesty, chapter ninetyseven, intituled "An Act to consolidate and amend the statute law of England and Ireland relating to malicious injuries to property"; and (3.) To any indictable offence, either under the Post Office Laws or prosecuted by her Majesty's Postmaster-General; and for the purpose of this provision the expression "Post Office Laws" has the same meaning as it has in the act of the session of the seventh year of the reign of King William the Fourth and the first year of the reign of her present Majesty, chapter thirty-six, intituled "An Act for consolidating the laws relative to Offences against the Post Office of the United Kingdom, and for regulating the judicial administration of the Post Office Laws, and for explaining certain terms and expressions employed in those laws," and the acts amending the same. 9. The Detention of Juveniles in Reformatory and Industrial Schools. General scope Juvenile offenders may be ordered by justices to be detained of the Rein reformatory or industrial schools, according to their ages and Indusand the nature of the offences with which they are charged: trial Schools 0.8. VOL. I. P formatory Acts. Detention of in reformatory schools, after a previous imprisonment of not less then ten days; and in industrial schools without being previously imprisoned; in both instances the managers of the schools being willing to receive them. The several acts relating to these schools are consolidated in the 29 & 30 Vict. c. 117, as to reformatory schools, and the 29 & 30 Vict. c. 118, as to industrial schools. Juveniles who are under the age of sixteen years, committing any offence for which imprisonment without fine may be imposed on summary conviction, and who are adjudged to be imprisoned for ten days at the least, may be sent by the convicting justices at the expiration of the sentence to some reformatory school certified under the acts, there to be detained for not less than two nor more than five years; and the school may be changed on application of the parent. The principal enactment now in force giving justices this authority 66 is sect. 14 of "The Reformatory Schools Act, 29 & 30 Vict. 1866," 29 & 30 Vict. c. 117 (the former acts being repealed by sect. 37, saving orders made before, and liabilities incurred), which enacts : c. 117. Offenders years of age may be sent to certified reformatory schools; 66 "Whenever any offender who, in the judgment of the court, under sixteen "justices, 67 or.... before whom he is charged, is under the age of sixteen years, is convicted, on indictment or in a summary manner, of an offence punishable with penal servitude "or imprisonment, and is sentenced to be imprisoned for the "term of ten days or a longer term, the court, justices, or . . . . 66 may also sentence him to be sent, at the expiration of his 'period of imprisonment, to a certified reformatory school, and "to be there detained for a period of not less than two years "and not more than five years: Provided always, that a 'youthful offender under the age of ten years shall not be so "directed to be sent to a reformatory school unless he has "been previously charged with some crime or offence punish"able with penal servitude or imprisonment, or is sentenced -offender under ten. 66 The mode of certifying Reformatory Schools, and other general enactments, and as to contribution by parents, contained in the 29 & 30 Vict. c. 117, are given in Vol. II. Chap. II. of Part III., and the offences in Chap. II. of this Volume, both under the title "Reformatory Schools." 67 Definition of "Justices."]-By 29 & 30 Vict. c. 117, s. 3, "justice" shall mean a justice of the peace having jurisdiction in the place where the matter requiring the cognizance of a justice arises. "Justices" shall apply to England only, and shall mean two or more justices in petty sessions, and shall include the lord mayor or an alderman of the city of London, or a police or stipendiary magistrate or other justice having by law authority to act alone for any purpose with the powers of two justices. [The word "magistrate," which applies to Scotland only, is omitted from this article.] .... c. 117. ".... by a judge of assize or court of general or quarter 29 & 30 Vict. "' sessions. The particular school of which the youthful "offender is to be sent may be named either at the time of his to be named. "sentence being passed, or within seven days thereafter, by "the court, justices or who sentenced him, or in default "thereof at any time before the expiration of his imprison"ment by any visiting justice of the prison to whom he is "committed. 68 In choosing a certified reformatory school, "the court, justices. . . . or visiting justice shall endeavour "to ascertain the religious persuasion to which the youthful "offender belongs, and, so far as is possible, a selection should "be made of a school conducted in accordance with the reli"gious persuasion to which the youthful offender appears to "the court, justices. . . . or visiting justice to belong, which persuasion shall be specified by the court, justices. . . . or "visiting justice. It shall be lawful upon the representation Minister to "of the parent, or in the case of an orphan, then of the see offender. guar"dian or nearest adult relative, of any offender detained in "any such school, for a minister of the religious persuasion "of such offender, at certain fixed hours of the day, which "shall be fixed by the secretary of state for the purpose, to "visit such school for the purpose of affording religious assis"tance to such offender, and also for the purpose of instruct"ing such offender in the principles of his religion." ... The following are other provisions supplemental to the above: Sect. 15. "The gaoler of every prison having in his custody any Removal of youthful offender sentenced to be sent to a reformatory school shall offender to at the appointed time deliver such offender into the custody of the superintendent or other person in charge of the school in which he is to be detained, together with the warrant or other document in pursuance of which the offender was imprisoned and is sent to such school. 69 The possession of the warrant or other document in 68 The act is to apply to all reformatory schools certified under the repealed acts of 17 & 18 Vict. c. 86, &c. (29 & 30 Vict. c. 117, s. 38). It provides forms of conviction, order of detention, &c., in schedules A., B. and C. By A. and B. of these forms, the managers of the school must be willing to receive the offender. Vide Oke's " Formulist," 6th ed. Nos. 103-106, pp. 54, 55. 69 It is recommended that this warrant be signed in duplicate. The expense of conveying the offender to the school, and the expense of proper clothing for him requisite for his admission to the school, are to be defrayed as a current expense by the prison authority, under the Prisons Act, 1865 (28 & 29 Vict. c. 126), within whose district he has been last imprisoned (29 & 30 Vict. c. 117), s. 23; and by sect. 24, the Treasury may contribute towards the expenses of his maintenance in the school, or of his removal. certified reformatory school. c. 117. 29 & 30 Vict. pursuance of which a youthful offender is sent to a certified reformatory school shall be a sufficient authority for his detention in such school." Power to accordance with offen der's religious persuasion. Discharge or removal by order of secretary of state. Power to secretary of state to send offenders to Sect. 16. "The parent, step-parent or guardian, or if there be no parent, step-parent or guardian, then the god-parent or nearest adult relative of any youthful offender sent or about to be sent to a certified reformatory school which is not conducted in accordance with the religious persuasion to which the offender belongs, may apply to the court by whom such offender was sentenced to be sent to a reformatory school, or to the visiting justices of the prison to which he was committed by that court, or to the justices or . by whom he was sentenced to be sent to a reformatory school (or justices or . . . . having the like jurisdiction), to send or to remove such offender to a certified reformatory school conducted in accordance with the offender's religious persuasion,-and the court, visiting justices, justices, or . . . . (as the case may be) shall, upon proof of such offender's religious persuasion, comply with the request of the applicant, provided,— .... 'First, That the application be made before the offender has been sent to a certified reformatory school, or within thirty days after his arrival at such a school; .... 'Secondly. That the applicant show to the satisfaction of the court, visiting justices, justices or . . . . that the managers of the school named by him are willing to receive the offender." [Vide Form, Oke's " Formulist," 6th ed. p. 55, No. 106.] Sect. 17. "The secretary of state may at any time order any offender to be discharged from a certified reformatory school, or to be removed from one certified reformatory school to another, but so that the whole period of detention of the offender in a reformatory school shall not be increased by such removal. The secretary of state may also at any time, after having given ten days' notice to the managers, order a youthful offender under sentence of detention in a reformatory or industrial school established under any other act of parliament, the general rules for the government whereof have been approved by the secretary of state, to be discharged from such school or to be removed therefrom to any certified reformatory school,-and in case of removal the youthful offender shall after such removal be deemed to be subject in all respects to the provisions of this act, but so that the whole period of detention of the offender under his sentence shall not be increased by such removal.” Sect. 32. "Where before or after the passing of this act a youthful offender has been sentenced to transportation, penal servitude or imprisonment, and has been pardoned by her Majesty on schools on conditional condition of his placing himself under the care of some charitable 29 & 30 Vict. institution for the reception and reformation of youthful offenders, c. 117. the secretary of state may direct him, if under the age of sixteen reformatory years, to be sent to a certified reformatory school, the managers of which consent to receive him, for a period of not less than two pardon. years and not more than five years;-and thereupon such offender shall be deemed to be subject to all the provisions of this act, as if he had been originally sentenced to detention in a certified reformatory school." Children under ten detained in an industrial school not conform- Children industrial ing to the rules, or escaping from the school, may on conviction escaping from before justices be imprisoned, and at its expiration sent to and schools may detained in a reformatory school (29 & 30 Vict. c. 118, ss. 32, 33). be sent to reformatories. Vide Offences 1, 2, tit. "Industrial Schools," Chap. II. of this Volume. industrial c. 118. With respect to those juveniles who can be sent by justices Juveniles who to an industrial school, "The Industrial Schools Act, 1866," " can be sent to 29 & 30 Vict. c. 118 (which repeals the previous acts), pro- schools. vides for those who are not convicted and under the age of 29 & 30 Vict. fourteen years who are found begging alms in the streets, or wandering without having a settled abode, or visible means, or frequenting the company of reputed thieves, or any child under twelve committing an offence who ought in the opinion of the justices, regard being had to his age and to the circumstances of the case, to be so dealt with, or refractory children in charge of parent, &c., or in workhouses, &c., being sent to such school by two justices for such period as the justices think necessary, determinable, however, at the age of sixteen, and under other circumstances provided for in the act (sects. 14, 15, 16, 17, 18). The provisions of this act thereon, and as to certifying the schools, contribution by parents, &c., as no conviction takes place, and the offender is not adjudged to be imprisoned, as well as certain enactments extending those provisions to other cases, are treated of in the proper place in Vol. II., Chap. II. of Part III. of this work, under the tit. "Industrial Schools." 70 70 The offences in relation to Industrial Schools are set out in Chap. II. of this Volume, under the same title. |